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(영문) 서울북부지방법원 2018.08.17 2017가단129992

구상금

Text

1. The Defendant’s KRW 35,313,907 and the Plaintiff’s annual interest from July 22, 2017 to August 17, 2018.

Reasons

1. Facts of premise;

A. The Plaintiff is an insurer of the health insurance that provides insurance benefits under the National Health Insurance Act, and the Defendant is a mutual aid business entity of Asi (hereinafter “Defendant”).

B. On March 31, 2014, while driving the Defendant’s vehicle, the driver of the Defendant’s vehicle caused serious injury to the brain (hereinafter “instant accident”), by negligence, by shocking the pedestrian B, who is a pedestrian of the crosswalk (hereinafter “instant accident”), and the husband and wife B filed a lawsuit claiming damages against the Defendant.

C. In the instant lawsuit (hereinafter “prior lawsuit”), the court concluded the pleading on March 22, 2017, and rendered a favorable judgment on May 17, 2017, with the following content. The Defendant deposited KRW 382,379,448, which is the full principal and interest of the said judgment, around May 29, 2017.

The defendant shall pay to B 324,209,811 won, to C 5,00,000 won, and 15% interest per annum from March 21, 2014 to May 17, 2017, and 324,209,81 won per annum from the next day to the day of full payment.

Restrictions on reasons (only summary): B begins crossing at night while pedestrian signal, but the fault continued to have been changed to a stop signal at the time of the instant accident, and thus, the Defendant’s responsibility is limited to 75%.

Property damage amounting to KRW 131,205,277,360 (B) for future treatment expenses of KRW 405,445,125 (B himself/herself) (125,521,002 for future treatment and treatment expenses of sexual surgery + KRW 5,684,767) for future support expenses of KRW 826,912 for future care expenses, KRW 258,135,084 for future care expenses of KRW 159,496,130 for medical expenses of KRW 159,49,032 for which the Defendant paid KRW 264,209,811 =405,445,445,125 x Defendant’s liability 39,784,322 for final property damage.

D. Meanwhile, B was continuously treated at a hospital as part of medical care benefits under the National Health Insurance Act from February 25, 2016 to June 13, 2017, when the Defendant suspended the payment guarantee, and the Plaintiff was at the hospital.